Loren E. Thompson, D/B/A Parkersburg Die and Tool Company v. United States

No question of law is presented by this appeal. Though the controlling law is federal, rather than state as assumed below, 1 there is no apparent difference in the governing rules. The sole question is whether the facts require an inference that the United States waived ■ the defaults of its contractor with respect to the contract involved in count 1 of the complaint. That may have been a permissible inference, but the facts as found and recited in the opinion of the District Court 2 do not require it. The factual question was settled by the findings of the District Court which we must accept.